II. Right to Freedom (Article 19 to 22)

  • Article 19 (1a): Freedom of speech and expression.
  • Article 19 (1b): Freedom to assemble peacefully without arms.
  • Article 19 (1c): Freedom to form unions or associations.
  • Article 19 (1d): Freedom to move freely throughout the territory of India.
  • Article 19 (1e): Freedom to reside and settle in any part of India.
  • Article 19 (1g): Freedom to practice any profession or occupation.
    • Article 19 (2) to Article 19 (6) contains reasonable restrictions on the rights mentioned above.
    • It is apparent that the right to information was not spelt out as a separate right under Article 19. However, it is now well-settled in a catena of cases that the right to freedom of speech and expression enshrined in Article 19(1a) includes the right to information.
    • The inter-relationship between article 14, 19 and 21 was examined in many cases like Maneka Gandhi (1978), Minerva Mills (1980), Bachan Singh (1982), T.R. Kothandaraman (1994), etc.
    • The overarching consensus over relationship can be best manifested in the following observation made by Justice Hansaria in T.R. Kothandaraman v. Tamil Nadu Water Supply & Drainage Board, (1994) case that the golden triangle of our Constitution is composed of Articles 14, 19 and 21. Incorporation of such a trinity in our paramount parchment is for the purpose of paving such a path for the people of India which may see them close to the trinity of liberty, equality and fraternity.

Article 20: Protection in Respect of Conviction for offences

Article 21: Protection of Life and Personal Liberty

  • From the wording of the Article, it is obvious that the language is negative. However, Article 21 confers on every person the fundamental right to life and personal liberty. It is the most fundamental of human rights, and recognizes the sanctity of human life.
  • Initially, the approach to Article 21, as in A.K. Gopalan v. State of Madras, AIR 1950 was restricted to a rather literal interpretation of the Article. It was a circumscribed approach. The concept of “personal liberty” gradually began to be liberally interpreted by the judiciary. The Hon’ble Supreme Court of India, in Kharak Singh v. State of UP, 1963, held, with respect to ‘personal liberty’, that ‘personal liberty in article 21 is a compendious term and includes within itself variety of rights’.
  • Some of the rights which could fall under the ambit of Article 21 have been clearly spelt out by the judiciary in various judgments, to be a part of Article 21:
    1. Right to counsel [M.H. Hoskot v. State of Maharashtra, (1978)]
    2. Right of a person to not be subjected to bonded labour [PUCL v. Union of India, (1982)]
    3. Right to livelihood [Olga Tellis v. Bombay Municipal Corpn, (1985) and DTC v. DTC Mazdoor Congress]
    4. Right to immediate medical aid [Parmanand Katara v. Union of India, (1989)]
    5. Right to free legal aid [State of Maharashtra v. MP Vashi (1991)]

Article 21A: Right to Free and Compulsory Education (Added via 86th amendment act, 2002)

Article 22: Protection Against Arrest and Detention in Certain Cases

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